Minor Variances and Consents

Outside of Municipal Building

Committee of Adjustment

The Committee of Adjustment is the approval body for minor variance and consent applications under the Planning Act.  The Committee hears submissions, discusses concerns, and makes a decision.

The Committee evaluates the merits of each proposal with consideration of the following documents:

  • Provincial Policy Statement
  • County of Essex Official Plan
  • Leamington Official Plan
  • Leamington Zoning By-law No. 890-09

The Committee comprises two Council members and three appointed members of the public. The Public is welcome to attend the Committee of Adjustment meetings. The meetings are scheduled for the last Wednesday of every month at 5:00 PM in the Council Chambers at the Municipal Building, unless otherwise noted. 

2019 Committee of Adjustment Schedule

Minor Variances

Minor Variance Applications seek permission to differ from the requirements of the Zoning By-law and to allow enlargements and extensions of non-conforming uses.  Common variances include the reduction of a required setback from a property line, a reduction to the required lot area or frontage or an increase to the maximum permitted height of a building. 

Each application must be shown to meet the following four tests:

  1. Whether the application is in keeping with the policy direction of the Official Plan;
  2. Whether the application is in keeping with the direction of the Zoning By-law;
  3. Whether the relief being sought will result in appropriate development for the area;
  4. Whether the relief being sought is minor in nature.

Minor Variance Application 

Consents

Where land division by Plan of Subdivision is not required, the Planning Act allows the granting of consents. 

There are three types of severances:

  1. Creation of a new lot
  2. Addition to an existing lot
  3. Minor boundary adjustment

The Committee of Adjustment may also grant consents for other reasons:

  1. Permanent easements
  2. Leases great than 21 years less a day
  3. Validation of Title

The Committee of Adjustment usually imposes conditions on the approval of a consent application. The owner has one year to fulfill the conditions or the application is denied. Examples of conditions: taxes must be up to date; lot consolidation must take place; mutual drain agreement. 

Consent Application

Contact(s)

© 2019 The Municipality of Leamington 111 Erie Street North, Leamington, Ontario N8H 2Z9

Phone: 519-326-5761
Fax: 519-326-2481
Email: General Information

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